J.K. CHOUDHURY AND ORS. Vs. HEM CHANDRA CHAKRAVARTY AND ORS.

JUDGEMENT

(1.) THIS application in revision is directed against an order dated 23 -5 -1955 passed by the learned Subordinate Judge of Upper Assam Districts at Silchar affirming the order of the learned Sadar Munsiff. It arises out of an application for injunction filed by the plaintiffs -opposite parties claiming to restrain the defendants from functioning as members of the Governing Body of the Guru Charan College, Silchar.

(2.) THE facts relevant to the case are that there is a College called the Guru Charan College in the town of Silchar in the district of Cachar which is managed by a governing body consisting of 16 members. Petitioner 1, J.K. Choudhury is the Principal of the College and petitioner 2 Haripada Bhattacharjee is the Vice Principal, they being ex officio members of the Governing Body.

(3.) THE grounds suggested for the reliefs, in. substance, are that the date fixed for the meeting of the governing body was inconvenient to one of the plaintiffs Gouri Sankar Roy and that the Cachar Club Ltd. which appears to have nominated the petitioner Satindra Mohan Deb a member of the governing body, was not a donor of the institution and eligible as such to nominate a member It has also been suggested that the notice given for the purpose of holding the meeting was not a valid notice, because it was not served 7 clear days before the holding of the meeting.